Q: How do i file probate seven years after my husbands death?I received a letter there is unclaimed cash.
A:
I am not sure that you necessarily have to file probate. First, who is this letter from? What is the unclaimed cash from?
Most states have escheat laws. Basically, these provide that an insurer or a bank has to hold property for a certain period. If the funds remained unclaimed for this period, they are to be turned over to the state treasurer's office. You can contact the state treasurer's office directly and fill out claim forms in such cases without the need for probate. Go to www.unclaimed.org for links to the state treasurer's office.
If you do have to probate an estate, you would go to the Orphan's Court - Register of Wills (assuming this is in Pennsylvania) of the county where your husband lived at the time of his death. Talk with the register to see if an estate needs to be re-opened (if one was already probated) or started.
Did your husband have any children? Did he die with a will? If no estate was probated for him 7 years ago, why not? If there are no children and no will, then you would be the only heir under the intestacy laws. If there are children, then you and they would share in any unclaimed funds if there is no will. It may be that if all the heirs sign the paperwork then there will be no need for actual probate administration. But I would first see what the funds are from and who holds the funds. If probate is indeed needed, then talk to the register of wills.
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